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Kroetsch v. Middlesex Condominium Corporation No. 481 - 2023 ONCAT 195 - 2023-12-13

Corporation:

KMCC 481

Date:

Wed Dec 13 2023 00:00:00 GMT+0000 (Coordinated Universal Time)

Under:

CAT Decisions - Decision
Indemnification or Compensation

Summary:

In the case of Kroetsch v. Middlesex Condominium Corporation No. 481, the applicant filed a complaint with the Condominium Authority Tribunal (CAT) regarding an indemnification charge from the respondent condominium corporation related to a pet owned by the applicant. The dispute entered Stage 2 - Mediation, which commenced on November 23, 2023. On December 6, 2023, the applicant informed the CAT that a resolution had been reached, and both parties confirmed the settlement terms. Pursuant to Rule 34.3(c) of the CAT’s Rules of Practice, the CAT issued an order to close the case based on the parties' settlement.

Verdict:

The Condominium Authority Tribunal (CAT) closed the case between the applicant and Middlesex Condominium Corporation No. 481 after the parties reached a resolution during Stage 2 - Mediation. The CAT emphasized the importance of proper communication from the applicant to initiate case closure under Rule 34.3(c) of the CAT’s Rules of Practice. The order underscores confidentiality in mediation by prohibiting the sharing or disclosure of messages from the Stage 2 Tribunal Member, while allowing the parties to share case-related documents if required by law.

Takeaways:

Indemnification Dispute Resolution: The case, initiated by the applicant against Middlesex Condominium Corporation No. 481, centered around an indemnification charge related to the applicant's pet. The dispute entered Stage 2 - Mediation on November 23, 2023.

Voluntary Resolution: A significant development occurred on December 6, 2023, when the applicant communicated that a resolution had been reached between the parties. Both the applicant and the agent for the condominium corporation confirmed the terms of the settlement.

Case Closure Authority: Pursuant to Rule 34.3(c) of the CAT’s Rules of Practice, the CAT possesses the authority to close a case if the applicant properly informs the CAT of a settlement. In this instance, the CAT ordered the closure of the case based on the parties' resolution.

Confidentiality Measures: The Tribunal ordered that messages from the Stage 2 Tribunal Member should not be shared or disclosed, emphasizing confidentiality in the mediation process.

Document Sharing: While the case is closed, the parties are allowed to share case-related documents if required by law, such as to a government organization or a court, ensuring transparency within legal boundaries.

Recommendations: 

Enhance Communication Protocols:
Encourage parties involved in condominium disputes to maintain clear and timely communication with the Condominium Authority Tribunal (CAT) regarding any settlements reached. This ensures that the CAT is promptly informed and can take appropriate actions, as demonstrated in this case.

Mediation Confidentiality Guidelines:
Establish and communicate explicit guidelines on the confidentiality of mediation proceedings. The CAT should provide clear instructions on what information can and cannot be shared, emphasizing the confidentiality of messages from Tribunal Members, as outlined in the order.

Document Sharing Protocol:
Develop a standardized protocol for document sharing post-case closure. While maintaining confidentiality, create a framework that allows parties to share case-related documents if required by law, providing a transparent and legal avenue for information dissemination when necessary.

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